Oscar Bolanes-Blanco v. Eric H. Holder Jr.
Oscar Bolanes-Blanco v. Eric H. Holder Jr.
Opinion
MEMORANDUM **
Oscar Daniel Bolanes-Blanco, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 *750 U.S.C. § 1252. We grant the petition for review and remand.
The BIA denied Bolanes-Blanco’s motion to reopen without the benefit of our decision in Coyt v. Holder, 593 F.3d 902 (9th Cir. 2010), in which we concluded that 8 C.F.R. § 1003.2(d) did not apply to cause the withdrawal of a motion to reopen filed by a petitioner who subsequently has been removed from the United States. See Coyt, 593 F.3d at 906-07. We remand in light of this intervening case law for the BIA to reconsider Bolanes-Blanco’s motion, including, if necessary, whether the 90-day filing limitation should be equitably tolled.
We construe Bolanes-Blanco’s letter of January 26, 2009, as a motion to supplement the record. So construed, the motion is denied as moot.
PETITION FOR REVIEW GRANTED; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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